Hardback
Litigating the Environment
Process and Procedure Before International Courts and Tribunals
9781789901320 Edward Elgar Publishing
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
More Information
Critical Acclaim
Contents
More Information
Providing an insightful contribution to literature on the topic, this book scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, it lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.
Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure.
This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.
Putting into perspective the practices of various international courts and tribunals, the author works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. Bendel provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure.
This state-of-the-art book will be an invaluable resource for academics and students of environmental law, dispute settlement and public international law. With its practical applications, international judges, litigators and governments will also benefit from the book.
Critical Acclaim
‘What role do international litigation and the international legal system play in resolving environmental disputes? An older generation of international lawyers would have answered that question by reference to the law of state responsibility for damage and the Trail Smelter case. A modern scholar, such as Dr. Bendel, focuses instead on the need for a preventive approach to environmental harm, exemplified by part XII of the 1982 UNCLOS. Relocating the international legal system within this preventive context has not been easy. There is first the problem of systematizing the growing network of regulatory treaties into a coherent whole that courts and governments can apply effectively. There is also the growing number and diversity of courts, tribunals and noncompliance procedures with overlapping jurisdiction over a wide range of disputes, only some of which are environmental. How do we make sense of such a fragmented system that no-one would design from scratch but that seems to work tolerably well. Dr. Bendel’s book provides a sure and confident guide to these challenging questions. It merits a place on the bookshelves of anyone who has to deal with global or regional environmental problems.’
– Alan Boyle, Edinburgh University, UK
‘Legal questions regarding the protection of the environment, including addressing climate change and its adverse effects, are quickly rising on the international judicial agenda. Justine Bendel''s book provides a diligent analysis of the procedural contours of international court and tribunals in addressing such questions. The timing of this book could not have been more suitable nor its relevance more acute.’
– Christina Voigt, University of Oslo, Norway
‘The litigation of environmental matters in international courts and tribunals continues apace, and this exciting new book explores and challenges assumptions about the function of this litigation in delivering positive outcomes for a global environment that is under increasing pressure.’
– Tim Stephens, The University of Sydney, Australia
– Alan Boyle, Edinburgh University, UK
‘Legal questions regarding the protection of the environment, including addressing climate change and its adverse effects, are quickly rising on the international judicial agenda. Justine Bendel''s book provides a diligent analysis of the procedural contours of international court and tribunals in addressing such questions. The timing of this book could not have been more suitable nor its relevance more acute.’
– Christina Voigt, University of Oslo, Norway
‘The litigation of environmental matters in international courts and tribunals continues apace, and this exciting new book explores and challenges assumptions about the function of this litigation in delivering positive outcomes for a global environment that is under increasing pressure.’
– Tim Stephens, The University of Sydney, Australia
Contents
Contents: 1. Introduction 2. Functions of international litigation 3. Access to international courts and tribunals 4. Scientific evidence 5. Prevention and provisional measures of protection 6. Remedies 7. Relationships between judicial dispute settlement and non-compliance procedures 8. Conclusion Bibliography Index
